CrPC 408 - Power of Sessions Judge to Transfer Cases and Appeals Archives

List of judgments pertaining to Transfer of matrimonial cases.

Supreme Court of India:

Nahar Singh Yadav and Anr Vs Union of India and Ors on 19 Nov 2010 [broad factors to consider while disposing transfer petitions u/s 406 Cr.P.C.]
NCV Aishwarya Vs AS Saravana Karthik Sha on 18 Jul 2022 [Supreme Court listed some principles to be considered while deciding transfer petitions]

Andhra Pradesh High Court:

Bombay High Court:

Sarita Rahul Sharma Vs Rahul Udayraj Sharma on 03 Oct 2024 [Due a minor child, wife’s prayer to transfer a Divorce petition from Vasai to Mahim (about 60 KMs) was allowed]
Samina Firdaus Vs Shoeb Khan on 24 Jan 2025 [Use video conferencing; FIR registered against knife and her gang for assault on husband and his family]

Karnataka High Court:

Sushmitha B.L. Vs Raghavendra B.R on 07 Jan 2025 [Inconvenience of the Husband caring for two minor children is given importance and Transfer petition was dismissed]

The MASTER INDEX is here.

408. Power of Sessions Judge to transfer cases and appeals.

(1) Whenever it is made to appear to a Sessions Judge that an order under this sub- section is expedient for the ends of justice, he may order that any particular case be transferred from one Criminal Court to another Criminal Court in his sessions division.

(2) The Sessions Judge may act either on the report of the lower Court, or on the application of a party interested, or on his own initiative.

(3) The provisions of sub- sections (3), (4), (5), (6), (7) and (9) of section 407 shall apply in relation to an application to the Sessions Judge for an order under sub- section (1) as they apply in relation to an application to the High Court for an order under subsection (1) of section 407, except that sub- section (7) of that section shall so apply as if for the words” one thousand rupees” occurring therein, the words” two hundred and fifty rupees” were substituted.

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Tag: CrPC 408 – Power of Sessions Judge to Transfer Cases and Appeals

Judgments on Transfer Petitions

CrPC 408 – Power of Sessions Judge to transfer cases and appeals